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The judge is not the knight-errant, roaming at will in pursuit of his own ideal of beauty or of goodness.

Benjamin Cardozo

Fraud includes the pretense of knowledge when knowledge there is none.
BENJAMIN CARDOZO

Fraud Include Knowledge Pretense
Consequences cannot alter statutes, but may help to fix their meaning.
BENJAMIN CARDOZO

Helping May Statutes
Justice is not to be taken by storm. She is to be wooed by slow advances. Substitute statute for decision, and you shift the center of authority, but add no quota of inspired wisdom.
BENJAMIN CARDOZO

Decision Justice Taken
I take judge-made law as one of the existing realities of life.
BENJAMIN CARDOZO

Judging Law Reality
The heroic hours of life do not announce their presence by drum and trumpet.
BENJAMIN CARDOZO

Heroic Hours Trumpet
There are vogues and fashions in jurisprudence as in literature and art and dress.
BENJAMIN CARDOZO

Art Dresses Fashion
The validity of a tax depends upon its nature, and not upon its name.
BENJAMIN CARDOZO

Names Taxes Validity
The great tides and currents which engulf the rest of men do not turn aside in their course and pass the judges by.
BENJAMIN CARDOZO

Judging Men Tides
It is for ordinary minds, not for psychoanalysts, that our rules of evidence are framed. They have their source very often in considerations of administrative convenience, or practical expediency, and not in rules of logic.
BENJAMIN CARDOZO

Justice Mind Ordinary
We seek to find peace of mind in the word, the formula, the ritual. The hope is illusion.
BENJAMIN CARDOZO

Finding Illusion Mind Peace
Justice, though due to the accused, is due the accuser also. The concept of fairness cannot be strained till it is narrowed to a filament. We are to keep our balance true.
BENJAMIN CARDOZO

Balance Fairness Justice
History or custom or social utility or some compelling sense of justice or sometimes perhaps a semi-intuitive apprehension of the pervading spirit of our law must come to the rescue of the anxious judge and tell him where to go.
BENJAMIN CARDOZO

Judging Justice Law
In the end the great truth will have been learned that the quest is greater than what is sought, the effort finer that the prize (or rather, that the effort is the prize), the victory cheap and hollow were it not for the rigor of the game.
BENJAMIN CARDOZO

Games Struggle Truth
No judicial system could do society’s work if each issue had to be decided afresh in every case which raised it.
BENJAMIN CARDOZO

Issue Judicial Raise Sysdtem
Opinion has a significance proportioned to the sources that sustain it.
BENJAMIN CARDOZO

Opinion Significance Source
Code is followed by commentary, and commentary by revision, and thus the task is never done.
BENJAMIN CARDOZO

Done Revision Tasks

The judge is not the knight-errant, roaming at will in pursuit of his own ideal of beauty or of goodness.

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The judge is not the knight-errant, roaming at will in pursuit of his own ideal of beauty or of goodness.

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